(A) Any denial, suspension or revocation of a license under this ordinance may be appealed to the Town Council by written notice within ten days of such denial, suspension or revocation. Unless the applicant requests a longer period, the Town Council must hold a hearing on the appeal within 21 days and must issue a decision affirming or reversing the denial, suspension or revocation within five days after the hearing. During the time between the date of the denial, suspension or revocation of a license and the date of the Town Council’s decision affirming or reversing the denial, suspension or revocation, the status quo of the license holder or applicant shall be maintained.
(B) In the event that the Town Council affirms the denial, suspension or revocation of a new or renewal license under this ordinance, the applicant may pursue an appeal to the Town Court. The failure of the Town Council to render a decision on the application within the time prescribed above shall be considered an affirmance of the denial, suspension or revocation of the license, and the applicant may pursue an appeal to the Town Court. This appeal provision is intended to comply with the requirement for prompt judicial review stated by the United States Supreme Court in Township of Littleton, Colorado v. Z.J. Gifts D-4, 124 S. Ct. 2219 (2004)
(C) Any licensee lawfully operating an adult entertainment business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license and all privileges attendant thereto, subject to all other terms of this ordinance, so that the status quo of the licensee is maintained during the pendency of an appeal to the Town Council of a decision rendered under this ordinance and during the entire time required for the court to rule on the appeal pursuant to division (B) above.
(D) Any licensee lawfully acting as an employee in an adult entertainment business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license and all privileges attendant thereto, subject to all other terms of this ordinance, so that the status quo of the licensee is maintained during the pendency of an appeal to the Town Council of a decision rendered under this ordinance and during the entire time required for the court to rule on the appeal pursuant to division (B) above.
(E) In the event that any judicial review of the denial of a new or renewal license application or the revocation or suspension of a license is still pending 30 days before the expiration date of any license, the licensee may file a renewal license application with the Town Council or its designee pursuant to this ordinance. In the event that an application for renewal of a license is denied and the applicant seeks judicial review of that denial, the town has the right to consolidate such review with any pending judicial actions in regards to the previous denial, suspension or revocation of a license.
(F) If, during the pendency of any appeal pursued under division (B) above, there are additional denials of a renewal license application or suspensions or revocations of that license, the town has the right to consolidate the appeals for the additional denials, suspensions or revocations with any pending appeal for that same licensee.
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 51-2005, passed 10-10-2005; Ord. 02-2009, passed 1-26-2009)